At least 80 deputies of the Parliament of Kyrgyzstan have initiated a law on holding a referendum to amend the Constitution. It has been submitted for public discussion on the official website of the Parliament of Kyrgyzstan.
The document is accompanied by a background statement listing the main novelties of the country’s main document, which are proposed to be edited.
The main novelties proposed in the draft of the new version of the Constitution, while preserving a significant number of constitutional norms that have already shown their legal orientation, are clarification and arranging in the directions of all the rights and freedoms of citizens.
Introduction of the institution of the People’s Kurultai, reformatting of the institutions of the President and the Government with imposition of responsibility on the head of state for the formation and operation of the Government, clarification of the institution of Parliament in terms of its size and other legislative innovations.
Thus, the bill proposes to establish a supreme consultative, advisory and coordinating body of the people’s rule in the form of the People’s Kurultai (Article 7 of the Constitution).
It will carry out it work in cooperation with the President, Parliament, state bodies, local government bodies, and their officials.
The People’s Kurultai, among its powers, is endowed with the right to hear reports from the Speaker of the People’s Kurultai, the President, the Speaker of the Parliament, to make proposals on the inconsistency with the positions held by the heads of ministries and departments and local government bodies.
The formation procedure, as well as the organization and activities of the People’s Kurultai are supposed to be regulated by the Constitution and constitutional law.
The draft law provides for the unification of all human rights and freedoms in the following areas: personal rights and freedoms, political rights, economic and social rights, guarantees of human rights and freedoms, human rights and obligations.
Section III of the Constitution «State authorities» was subjected to a significant revision, taking into account the requirements of the masses.
In particular, in the first chapter, the institution of the President has undergone changes, where the President is the head of state and heads the executive branch.
The head of state determines the main directions of domestic and foreign policy of the state and can be elected for five years, but not more than for two terms.
The reformatting of the institutions of the President and the Government with assignment of responsibility for the formation and operation of the Government to the head of state implies that the President should appoint the Prime Minister, his deputies, ministers and chairmen of state committees. These appointments are carried out with the consent of the Parliament.
The President has the right to dismiss, on his own initiative or on the proposal of the People’s Kurultai, ministers and chairmen of state committees, may appoint heads of other executive bodies, heads of local state administrations and dismiss them.
The President is empowered to submit bills to the Parliament and to address the people with annual messages on the state of affairs in the country.
Its developers clarify that, taking into account the lessons of the events in October 2020, it is proposed to establish that in case of an early termination of powers by the president for the reasons specified in the Constitution, his duties are performed by the head of Government until the election of a new president.
If it is impossible for the head of Government to exercise his powers, the powers are handed over to the Speaker of the Parliament.
Taking into account the demands of the popular masses to reformat the institutions of the President and the Government, it is simultaneously proposed to determine the numerical composition of the Parliament in the number of 90 deputies elected for a five-year term.
From the background statement to the draft law on Holding Referendum
At the same time, the procedure for electing deputies of the Parliament will be established by a constitutional law. Representation of deputies in the Parliament, elected according to the majority or proportional system (on party lists), will be determined by constitutional law.
Formation of the Government by the head of state is envisaged to be carried out with the consent of the Parliament. The Parliament will hear the annual messages and speeches of the President.
The Parliament is also endowed with other powers stipulated by the Constitution and laws of the Kyrgyz Republic.
Taking into account the practice of legislative activity, it is proposed to expand the number of subjects of legislative initiative, with the inclusion of the President and head of government, the Constitutional and Supreme Courts on their jurisdiction in their number.
Change of the constitutional status of the President and the Government entails the need to change the provisions of Chapter III of the Constitution «Executive Power.»
Increasing the role and responsibility of the head of state provides that the executive power is exercised by the President and the Government subordinate to him.
The President directs the activities of the executive branch, gives instructions to the Government and subordinate bodies, controls their implementation, repeals government acts, temporarily dismisses ministers and chairmen of state committees.
It is established that the Government consists of its head, deputies, ministers and chairmen of state committees.
Its structure and composition are determined by the President.
The President has the right to preside over government meetings.
To optimize the number of employees of state structures, it is proposed to stipulate in the Constitution that the activities of the Government are provided by the President’s Executive Office.
Taking into account the world practice of the formation and operation of the structures of constitutional control (supervision) and the recommendations of the 2010 Venice Commission on preserving the Constitutional Court as an independent body, it is proposed to withdraw the Constitutional Chamber from the Supreme Court.
A Constitutional Court will be formed with the competence determined in the Constitution and constitutional law.
At the same time, the powers of the Constitutional Court additionally include: consideration and giving an official interpretation of the Constitution at the request of the President, the Parliament and the Supreme Court, resolving disputes over competence between branches of state power, as well as giving an opinion on compliance with the established procedure for bringing charges against the President.
At the same time, it is proposed to establish that complaints about violations of the rights and freedoms of citizens should be accepted by the Constitutional Court, if all domestic legal remedies have been exhausted.
It is proposed that judges of the Constitutional Court and the Supreme Court should be elected before reaching the age limit. At the same time, from among the judges of the named courts, the President, with the consent of the Parliament, appoints the chairman and deputy chairmen of these courts for a period of five years.
As for the local courts, a similar procedure is proposed, when from among the judges of local courts, the President, on the proposal of the Council for the Selection of Judges, appoints chairmen of local courts and their deputies for a period of five years.
Taking into account the new edition of the Constitution, it is proposed to clarify the procedure for making changes and additions.
Amendments can be adopted by the Parliament at the suggestion of the President, the majority of the total number of deputies, or at the initiative of at least 300,000 voters.
Articles 2-6 of the bill provide for the procedure for signing and entry into force of the law adopted in accordance with the established procedure and transitional provisions indicating the powers in relation to the newly elected head of state, government.
The transitional provisions propose that, pending the election of elected bodies and the appointment of officials at all levels in accordance with the Constitution as amended by this law, elected and appointed government bodies and officials should continue to exercise their powers.
In particular, elections of deputies of the Parliament are held in accordance with the Constitution as amended by this law and legislation.
The judges of the Constitutional Chamber of the Supreme Court shall retain their powers until the constitutional court is formed in accordance with the Constitution.
The Supreme Court judges remain in office for the entire term of their election, while current local court judges remain in office for the entire term of their appointment.
